ALBANY, N.Y. (NEWS10) – A federal judge has dismissed a lawsuit against the state’s Green Light Law, which takes effect on December 14. The lawsuit was filed by Rensselaer County Clerk Frank Merola.
The Green Light Law allows undocumented immigrants to get a driver’s license. Merola claims the law is unconstitutional because it would force him to violate the federal constitution, which he took an oath to defend.
New York contends Merola does not have the capacity to sue the state and that his lawsuit should be dismissed. The judge agreed and ruled since Merola does not have capacity, dismissal is required.
However, in his ruling, Judge Gary Sharpe cautioned that the dismissal was not a decision on the legal basis of the Green Light Law. He said it does not mean the “law is legal.”